PIERRE, S.D. — South Dakota lawmakers ended their legislative session on Monday by overriding Gov. Dennis Daugaard's veto of a measure that limits the co-payments insurance companies charge for visits to chiropractors.
The new law, which takes effect July 1, prevents insurance companies from offering policies that charge higher co-payments for visits to chiropractors than for visits to primary care physicians.
In his veto message, the governor argued the bill could raise premiums by limiting the options available to insurance customers, but lawmakers said they believe it's unfair for insurance companies to set different co-payments for visits to different kinds of primary health care providers.
A bill can be passed over a governor's objection only if two-thirds majorities in both chambers vote to override a veto. The House voted 51-15 to pass the bill, and the Senate followed with a 25-10 vote.
The Legislature also rejected Daugaard's attempt to make what he called technical changes in a bill dealing with appointments to an advisory panel on workers' compensation programs.
The House and Senate then adjourned simultaneously at 1:08 p.m. CDT. Lawmakers plan a special legislative session in October to redraw the boundary lines of the state's 35 legislative districts.
About 60 chiropractors from around the state attended Monday's legislative session to urge that the insurance bill be passed over the governor's objections. They sat in the galleries overlooking the House and Senate as lawmakers debated the measure.
Supporters said many insurance companies charge identical co-payments when people visit chiropractors and physicians, but some make customers pay more out of their own pockets when visiting chiropractors.
"How fair is that?" said Rep. Mark Kirkeby, R-Rapid City, the measure's main sponsor.
The governor argued that the bill would drive up insurance premiums by preventing insurance companies from offering options with differing levels of co-payments for chiropractic care. Adding another mandate to health insurance laws would limit the ability of businesses to negotiate rates with different copayments, he said.
But Kirkeby and other lawmakers said they doubt the measure would raise insurance premiums for individual or group insurance plans.
Sen. Bob Gray, R-Pierre, said he objected to the bill because the Legislature should not regulate insurance rates.
Sen. Ried Holien, R-Watertown, said he opposes state mandates on health care just as he opposes the mandates imposed in the federal health care overhaul passed last year. Businesses buying group insurance should be able to negotiate any coverage they want, he said.
"This is government telling business how to do their business," Holien said.
The Senate voted to accept Daugaard's suggested changes in the bill dealing with appointments to the advisory council on workers' compensation, but the House rejected the governor's proposal.
The governor sought to get the bill changed by issued a style-and-form veto, a move that typically seeks a technical change. But House members said Daugaard misused the technical veto because he actually was seeking a substantial change in the bill.
The law currently says the eight-member panel will be chaired by the lieutenant governor. The bill sought to change it so the governor could appoint someone other than the lieutenant governor to chair the council. In his veto, Daugaard sought to modify the bill to let the governor appoint a chair who would be the panel's ninth member.
Rep. Brock Greenfield, R-Clark, said the governor suggested the bill in the first place, so he should have tried to change it during regular committee hearings in the main run of the legislative session.